Maharashtra State Electricity ... vs Sai Wardha Power Generation Ltd And Anr

IN THE MATTER OF: Maharashtra State Electricity Distribution ...Appellant Versus Sai Wardha Power Generation Ltd and Anr. ...Respondents

Present: For Appellant : Mr. Udit Gupta, Mr. Anup Jain and Mr. Ashish Singh, Advocates

For Respondents: Mr. Ajith S. Ranganathan and Mr. Ankur Kashyap, Advocate for R-1

ORDER

(Through Virtual Mode)

18.09.2020 This appeal has been preferred under Section 61 of the 'I&B

Code' with prayer for condonation of delay for a period of 153 days. Section 61(2)

of the 'I&B Code" prescribes a period of 30 days for filing of appeal and the

proviso appended thereto vests the jurisdiction in this Appellate Tribunal to

extend time by 15 days provided sufficient cause by the Appellant is assigned for

the same. In any case no appeal can be entertained after the maximum period

of 45 days.

Learned counsel for the Appellant submits that Rule 11 of the National

Company Law Appellate Tribunal Rules, 2016 ('NCLAT Rules', for short) can be

invoked to mitigate the hardship in genuine cases where sufficient

ground/lawful excuse is assigned for delay beyond 45 days. We are afraid this

argument cannot be accepted for the mere reason that Rule 11 of the NCLAT's

Rules vesting the inherent powers in this Tribunal cannot be invoked and such -2-

powers cannot be exercised against an express provision of the statute. The

prayer is rejected.

The appeal is dismissed as being barred by limitation.

[ Justice Bansi Lal Bhat ] Acting Chairperson

[ Justice Anant Bijay Singh ] Member (Judicial)

[ Dr. Ashok Kumar Mishra ] Member (Technical)

/ns/md/

Comp. App. (AT) (Insolvency) No. 796 of 2020